ParentBrief
IN THIS
ISSUE
Promoting effective parent involvement in secondary education and transition.
May 2002
2 Decision-making
3
4
5
Skills
Stepping Into New
Roles
Guardianship
Informed Choice
Age of Majority
Parents want their
In a state that has elected to transfer educational
children to have
decision-making rights at the age of majority,
the skills they
students become responsible for their
need to succeed as
educational program. Students, not their parents,
adults. While this is important for every young
are the primary participant in developing their
person, youth with disabilities often face extra
IEP and they become responsible for making
challenges. That’s why they need to be actively
other decisions, such as consenting to any
involved in setting their high school goals and
changes in placement or requesting mediation or
planning for their transition to adulthood well
due process hearings to resolve disputes.
before they reach the age of majority. (In most
states, the age of majority is 18, but
Reaching the age of
there are exceptions. It is
majority can be an
Reaching the age of majority
important to know your state’s
exciting time for most
can be an exciting time for
laws.)
students.
most students.
Transferring rights to
The Individuals with Disabilities
young adults who are
Education Act (IDEA) gives states the authority
unable to make informed decisions or take
to elect to transfer educational decision-making
responsibility for their choices, however, carries
rights to students at the age of majority. In a state
many risks. Will students decide to drop out of
that transfers rights at the age of majority,
high school or accept a quick diploma and
beginning at least one year before a student
become ineligible for much-needed transition
reaches the age of majority under State law, the
services? Many of the decisions young adults
student’s individualized education program
make affect their quality of life after high school.
(IEP) must include a statement that the student
has been informed of his or her rights, if any,
Some states have a legal process to determine if a
under Part B of IDEA , that will transfer to the
student who receives special education and has
student upon reaching the age of majority. The
reached the age of majority continues to need
public agency shall provide any notice required
help in planning her or his IEP. Students may not
by Part B to both the student and the parents.
necessarily have the ability to provide informed
(This regulation does not apply to students who
consent to their educational program even
have been deter-mined to be incompetent under
though they have not been determined to be
state law.)
incompetent. Such states have a mechanism to
Preparing Your
Child for Making
Their Own Choices
This publication is a collaborative effort of the
National Center on Secondary Education and
Transition ( NCSET) and PACER Center.
Helping Your Child Prepare for the Age of Majority
Age of majority is the
legal age established
under state law at which
an individual is no longer
a minor and, as a young
adult, has the right and
responsibility to make
certain legal choices that
adults make.
determine that a student with a disability, who has reached the age of
majority under State law and has not been determined incompetent,
still does not have the ability to provide informed consent with
respect to his or her educational program. In such cases, the State
shall establish procedures for appointing the parent, or, if the parent
is not available another appointed individual, to represent the
educational interests of the student throughout the student’s
eligibility under Part B of IDEA.
Rights that transfer in
most states—
Helping Your Child Prepare for the Age of Majority
In states that transfer
educational rights at the
age of majority, all of the
educational rights
provided to the parents
transfer to the student
when he or she reaches
the age of majority. These
educational rights may
include the right to. . .
• receive notice of
and attend individual
education program
(IEP) meetings.
• consent to
reevaluation.
• consent to change
in placement.
• request for mediation
or a due process
hearing to resolve a
dispute about
evaluation,
identification,
eligibility, IEP,
placement, or
other aspects of a free
appropriate public
education (FAPE).
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As parents, we can begin to help our children prepare for adult-hood
by looking at the role we play in their lives. Do we try too hard to
sway our children’s decisions? Do we tend to speak for our children
instead of letting them speak for themselves? Can we separate our
own desires from our children’s wishes? It can be hard to let go of
our parental role when we love our children and worry about their
future. But we may need to step back and look at our own actions.
Our role is to help our children to become comfortable making their
own decisions and capable of making good choices. Children
develop decision-making skills over time. Young children can
practice these skills within the family. Older children can take
increasing responsibility for the decisions that affect their lives.
Teaching Young Children How to Make Decisions
•
Include your child in purchasing decisions. Does your child help
select his or her own clothing and help with grocery shopping
and meal planning?
•
Discuss important decisions such as vacation plans and major
purchases as a family. Routinely state your thoughts out loud so
your children have a model for good decision making: “We are
not ready to decide on that yet, let’s talk about it tomorrow after
dinner;” or “Let’s gather more information before we buy this.”
•
Practice with your child what he or she should do if lost.
Stepping Into New Roles
Teaching Older Children How to Make Decisions
•
Encourage your child to participate in planning his or her IEP and even leading the IEP meeting.
•
Role-play IEP meetings with your child ahead of time to help him or her clarify what he or she wants
from the meeting. Practice how to step out of the meeting to discuss a decision in private. Ask your
child if he or she wants to invite anyone to the meeting for support.
Additional Tips for Helping Your Child Make Informed Decisions
•
Help your child develop good working relationships with school personnel and other IEP team
members so there is little disruption when he or she reaches the age of majority.
•
Do not allow educators to pressure your child into making decisions he or she is not capable of
handling.
•
Avoid being overprotective. Do not interfere with your child’s desires when it is not truly necessary.
•
Stay involved even after you are no longer the primary participant in the development of your child’s
IEP. IDEA does not address parents’ attendance at IEP meetings once a student has reached the age of
majority. The school or student could, however, invite a parent to attend the meeting as an individual
who is knowledgeable about the student’s educational needs and abilities.
Transfer of Rights
Families should understand how
their state implements these IDEA
In a state that transfers rights at the age of majority,
regulations. Ideally, the student,
beginning at least one year prior to the student
parents, and other family members
reaching the age of majority under state law, the
will all continue to be actively
student’s IEP must include a statement that the student
involved in planning the services
has been informed that his or her rights under Part B, if
any, will transfer. The school must comply with IDEA
and programs for the student’s
notification requirements to both the student and the
transition into adulthood. As parents
parents.
of children with disabilities, our
challenge is to seek opportunities for
our children to make choices for themselves beginning at a very early age and continuing throughout their
school years. Community education programs often have classes for teens on assertiveness or
independent living skills. Centers for Independent Living offer workshops on self-determination and
living skills for young adults. Leadership workshops and camps can also be beneficial in teaching these
skills.
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2
Guardianship
Guardianship
If a state elects to transfer rights at the age of majority, IDEA requires
at least one year of notice to parents and students before a student
reaches the age of majority. This notice alerts families to consider
whether or not their child is capable of representing him or herself.
At the age of majority, students are granted certain legal rights, such
as the right to vote, marry, obtain a credit card, consent to medical
treatments, make living arrangements, and sign contracts. Each of
the 50 states determines what rights transfer to individuals at the age
of majority within that state. Some students may not be able to
recognize when a decision needs to be made, consider possible
options, or recognize the consequences of their decisions without
additional support. For these students, guardianship,
conservatorship, or another form of representation by an advocate
may be appropriate.
Under guardianship, a person is considered to be legally
incompetent. The individual loses the authority to make all the
decisions granted to adults. A person called the guardian is assigned
by the court to make these decisions. The guardian is usually a parent.
The person under guardianship is legally referred to as the ward.
Many states also offer limited guardianship, sometimes called
conservatorship. People who are granted conservatorship for
another individual are assigned limited decision-making
responsibility based on the individual’s needs. These responsibilities
are carefully outlined in a court order. Conservatorship is designed to
allow a person to retain as many of his or her rights as possible. A
person under conservatorship is not considered to be legally
incompetent. He or she retains as many rights as deemed appropriate
by the court. Different people have different limitations under
conservatorship, depending on their individual vulnerabilities. The
person the court appoints to make decisions on behalf of the
individual is called the conservator. The person who has a
conservator assigned is considered the conservatee.
When the student
reaches the age of
majority under State law
(except for a child with a
disability who has been
determined to be
incompetent under State
law)—
(A) The public agency
shall provide any notice
required by IDEA to both
the individual and the
parents;
(B) All other rights
accorded to parents
under IDEA transfer to
the child;
(C) The agency shall
notify the individual and
the parents of the
transfer of rights; and
(D) All rights accorded
to parents under IDEA
transfer to children who
are incarcerated in an
adult or juvenile Federal,
State, or local
correctional institution
[20 U.S.C. 1415(m)].
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Informed Choice: Know Your Options
In some States, there may
be additional laws and
procedures that allow for
a lesser determination of
competency for specific
purposes, such as
competency for providing
informed consent with
respect to the individual’s
educational program.
Under the State
procedures established in
such cases for appointing
the parent, if the parent
is not available, a
guardian or surrogate
could be an appropriate
individual to represent the
educational interests of
the student [34 CFR
Appendix P. 12617;
Federal Register Vol. 64,
March 12, 1999].
Obtaining guardianship or conservatorship for a person requires a
petition to be filed with a court alleging that the person needs such
an arrangement, a court hearing on the case, and annual reports filed
with the court regarding the status of the arrangement. The petition
for guardianship or conservatorship often involves numerous
complicated forms, although it is not required that an attorney be
involved in the process. Petitioners can obtain necessary forms
from the probate court.
Guardianship, and to a lesser extent conservatorship, severely
limits an individual’s right to make independent decisions and
should only be considered when there is no less restrictive
alternative. If your child is not able to make educational decisions
but does not need guardianship or conservatorship, you may want to
explore procedures within your state that may allow an advocate to
represent the educational interests of your child.
Graduation: Another Transition Consideration
Regular Diploma
If a student with a disability graduates with a regular diploma, the
student loses eligibility for a free appropriate public education
(FAPE). However, if a student graduates with any other type of
diploma or certificate, the student may retain eligibility for
education services.
Timely Notice
Schools must notify parents before proposing to graduate a student
with disabilities because it is considered a change in placement.
This notice must be given within a reasonable time before
graduation to ensure that parents and students have the opportunity
to plan for, or challenge, the pending graduation.
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3
PACER Center, Inc.
8161 Normandale Boulevard
Minneapolis, MN 55437-1044
To order a hard copy of this document,
please contact: National Center on
Secondary Education and Transition
Institute on Community Integration
University of Minnesota
6 Pattee Hall, 150 Pillsbury Drive SE
Minneapolis, MN 55455
612/624-2097
Available online at
http:www.ncset.org
ncset@umn.edu
This brief was supported in whole or in
part by the U.S. Department of
Education, Office of Special Education
Programs, (Cooperative Agreement No.
HR326J000005.) However, the
opinions expressed herein do not
necessarily reflect the policy or position of
the U.S. Department of Education,
Office of Special Education Programs,
and no official endorsement by the
Department should be inferred.
National Center on Secondary Education and Transition (NCSET)
Access Parent Briefs and other NCSET materials on-line at: http://ici.umn.edu/ncset.
NCSET works to increase the capacity of national, state, and local agencies and organizations to improve
secondary education and transition results for youth with disabilities and their families. NCSET is
headquartered at the University of Minnesota, and is a partnership of six organizations, including PACER
Center. NCSET:
• Coordinates national resources that connect policymakers, administrators, professionals,
educators, employers, parents, and youth with disabilities to information and useful resources;
• Hosts capacity building institutes and workshops, national summits, national teleconference
calls, and additional training opportunities;
• Develops research-to-practice tools for everyday use; and
• Provides technical assistance and outreach.
PACER works with NCSET to represent family perspectives and disseminate information to a national
network of federally funded parent centers and the families they serve.
National Center on Secondary Education and Transition
Creating Opportunities for Youth With
Disabilities to Achieve Successful Futures
An information and training center for families
of children and youth with disabilities
www.pacer.org • www.taalliance.org
(800) 537-2237 Toll-free in Greater Minnesota
Cooperative Agreement No. H328M990005-01A